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Jailed On DUI.....Trkr "LOST" In Syste
Question:
http://www.helenair.com/articles/2003/02/23/breaking/a09022303_01.txt What's Your Opinion? Answer: My opinion would be that the Driver is about as dumb as you can be and still breath. Anyone that would sit in jail that long without making any inquiries about their status probably belongs there. Mike Answer: I worked at my county jail for 2 1/2 years. This is in Muncie IN, so laws will be different. A class A misdemeanor DUI has a bail of $2500 in my county. 10% would be $250,(you would be suprised how many people cant figure that out). So for $250 this guy would have walked out the door. But if he would have waited 17 hours he would have been PS'd(own recognisance) for nothing. I never saw a DUI probable cause signed while working at the jail so the most that anyone would be held with out the PC being signed is 48 hours. We had a similar policy as they described regarding public defenders. Now either this town is Mayberry or the whole story is not being told. Buzzdog Answer: He must have alot of friends and loved ones who are glad he is coming home! Drive on! bandit58 Answer: Some peoples bad luck seems to make them Lucky. No DUI on his record is a lucky break. But I guess he paid the price. "Life, Liberty and the Pursuit of all who threaten it" Answer: Sounds to me like it worked out in his favor. Sure he lost every thing, but... the conviction was thrown out and any and all records have been erased. He can get a job any time he wishes---he'll just have to explain the 4 month gap in employment. However; if CRST decides to tell perspective employers that he was fired for DWI (the article does not say if CRST had to send someone after the truck) he might have a bit of a fight on his hands. However #2; ***he did not get a DUI***, so I'm not sure CRST can claim this in those particular words. Freaky story---I guess I don't know what to think. _________________________ Cover Your Cans People!!!It's apparent this place is never going to change....then again; why should it? It gets the clientel it deserves. Bette Midler Answer: Even though there is no conviction, the arrest record will still remain unless he has it expunged. There are court costs and attorney fee's to have this expunged. Seeing as how he did not even post bail, I doubt he will pay to have it expunged. Also I am sure his DAC will reflect his termination from CRST. This guy is going to have an uphill fight. Onto the cause of him "falling through the cracks". My guess the blame has to be shared between the driver and the jail staff. As I stated above, the jail that I worked at, we never kept DUI's for long. We had an overpopulation problem. So most misdermeanor charges were released. Before anyone gets in an uproar about jails that are forced to let DUI's go, would you rather have them let the killers/rapists/molestors free? With a average jail population of approximately 230 inmates over a year, our county spent over a half a million dollars just on health care for the inmates. The public screams at politicians to get the criminal off of the streets, but they yell even louder when the bills have to be paid to warehouse the criminals. Its a vicious cycle that never ends, I am just glad I am out of it. Buzzdog Answer: "He will still have an arrest record. " Hahaha, thats funny. You can only have a criminal record if found guilty of criminal activity. No criminal record for him. Dumb luck I think. "Life, Liberty and the Pursuit of all who threaten it" Answer: No offense, but the arrest record will still be there. The DAC report of his termination will still be there. I know for a fact that in the state of IN, even if some one does not have formal charges placed against them, they opt for pre-trial deferal, or they are not convicted, the arrest record will still remain unless ordered expunged by the court. I am not saying this will be the case in all states. But I am willing to bet money, if you call the county where he was arrested and ask them if he had been arrested, they would answer yes, and tell you for what charge. It is all public information. I did not say he would have a criminal record, I said he would have the arrest record. He was arrested with probable cause for DUI, the prosecutor filed formal charges. The fact is, he beat it on a technicality because someone did not do their job. Buzzdog Answer: No offense taken, ever. "they opt for pre-trial deferal, or they are not convicted" Neither happens if the charges are dropped. DAC looks at the criminal record, he won't have one. I have simular in Az. The witness never showed up in court (the ex) in my case. Absolutely nothing on my record as charges were dropped. Funny thing about DAC. Most companies do not put as much on there as alot of people would think or as rumor has it. The ones I've seen were to the point and not detailed. Usually the most damaging thing would be, "Not Rehirable". Reason for termination is short and sweet if it is even put on there. Although some companies can use it for revenge most don't have the time or desire to slam drivers. "Life, Liberty and the Pursuit of all who threaten it" Answer: in this guys arrest record would be police and/or prosecuters at some later date if this guy does not get his act together. Future employers will have no cause to care or to look. A crimminal back ground check will only result in crimes he has been convicted of not charged with. His MVR will only reflect violations he has been convicted of not charged with. If he tries to get back into the driving game his biggest obstacle is going to be explaining that 4 month gap and what CRST may have placed in his DAC, which I could see them either placing "Quit under dispatch" or simply "Terminated". Much of anything else could possibly open up CRST to possible legal action. Only two things I know of are infinite. The universe and human stupidity, and I am not real sure about the universe. What amazes me is how anyone could be so ignorant of his or her constitutional rights and allow themselves to just sit in jail for weeks without even having a hearing, talking to an attorney, making a phone call, etc. It is just amazing. Had it been me I would have been asking every hour on the hour where my attorney is until he/she arrived. Of course given the case load burden not to mention the over all competency of some public defenders this guy might be better off getting lost in the system. Copyright ? 2006 - 2007 www.thankhealth.com Privacy Policy
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